United States v. Luis Baltazar-Higareda

985 F.2d 574 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Luis BALTAZAR-HIGAREDA, Defendant-Appellant. No. 92-50404. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Luis Baltazar-Higareda appeals his conviction, following a jury trial, for possessing a document-making implement with the intent that it be used to produce false identification documents in violation of 18 U.S.C. § 1028 (a)(5). Baltazar-Higareda claims the district court erred by refusing to instruct the jury that he could not be convicted unless he "consciously desired" that the implement be used to produce false documents. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the legal question whether a jury instruction misstated an element of a statutory crime. United States v. Pitner, 979…